The ads, three emails sent to registered users of the 'YourBurgerKing' service, featured promotions enabling consumers to add items to a Burger King meal deal at a discounted rate, or to get another item as part of a ‘buy-one-get-one-free’ offer.
The ASA said that the emails contravened advertising regulations around food and drinks high in fat, salt and sugar (HFSS), as they offered deals that could be redeemed by people under the age of 16 without consent of a parent or guardian.
Guidance states that if data was used to create an audience, for example a mailing list for direct or email marketing, marketers must ensure they had taken all reasonable steps to exclude under-16s from the list or targeting criteria.
Burger King said it was careful to take all reasonable steps to avoid targeting its ads at under 16-year-olds.
Its terms of service, which were available on its website, app and related channels, stated that the 'YourBurgerKing' service was designed for use by persons who were at least 16 years old.
The terms also stated that people under the age of 16 who signed up for the service confirmed, by doing so, that they had received permission from their parent or guardian before using the service. Burger King said it did not prevent people who registered their age as being under 16 from signing up to the service because of that confirmation requirement.
This isn't the first time Burger King has found itself in hot water with the ASA. Back in 2020, Burger King’s Rebel Whopper adverts were banned for suggesting the burgers - which are cooked on the same grill used for meat and contain mayonnaise made with egg - were suitable for vegans.